Protected forensic area, review of need for
49 Protected forensic area, review of need for
A person who is aggrieved by the fact that a protected forensic area is established (the aggrieved person) may apply to the Magistrates Court to review the grounds for the continued establishment of the area.
The application must be made in accordance with rules of court.
On an application made under subsection (1) an officer involved in the investigation of the offence to which the protected forensic area relates (the investigating officer) and the aggrieved person are entitled to be heard.
On such an application the investigating officer may apply to the court for an order that information given to the court that is relevant to the continued establishment of the area not be disclosed to the aggrieved person.
An application under subsection (4) may be made without notice to the aggrieved person and may be heard and decided in private and in the absence of the person.
On an application made under subsection (4), the court must not make an order restricting the disclosure of information unless satisfied the disclosure might prejudice the safety of any person or the investigation of an offence to which the protected forensic area relates.
On an application made under subsection (1) the court may make any orders it thinks fit including —
an order as to the period for which the protected forensic area may continue to be established;
an order to mitigate any inconvenience caused by the protected forensic area;
if the court is satisfied that the protected forensic area should not continue, an order that it be disestablished.
Proceedings under this section may be conducted by remote communication.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.